Today's Law As Amended


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AB-99 Department of Transportation: state roads and highways: integrated pest management.(2023-2024)



As Amends the Law Today


SECTION 1.

 Article 16.8 (commencing with Section 13178) is added to Chapter 2 of Division 7 of the Food and Agricultural Code, to read:

Article  16.8. Integrated Pest Management on State Roads and Highways
13178.
 For purposes of this article, “integrated pest management” means an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques, such as biological controls, habitat manipulation, modification of cultural practices, and use of resistant varieties, through which pesticides are used only after monitoring indicates they are needed according to established guidelines, treatments are made with the goal of removing only the target organism, and pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment.
13178.1.
 (a) It is the policy of the state that effective least harmful pest management practices should be the preferred method of managing pests on state roads and highways and that the state should take the necessary steps to facilitate the adoption of effective least harmful pest management practices on state roads and highways.
(b) It is the intent of the Legislature that all Department of Transportation personnel who apply herbicides or pesticides on state roads and highways be trained in integrated pest management and the safe use of herbicides and pesticides in relation to the unique nature of state roads and highways.
13178.2.
 (a) On or before January 1, 2026, the Department of Transportation shall adopt a statewide policy to use integrated pest management on state roads and highways.
(b) In developing the statewide policy, the Department of Transportation shall consult with the Department of Pesticide Regulation and the University of California Statewide Integrated Pest Management Program.
(c) The statewide policy shall do all of the following:
(1) Restrict pesticide use to the least harmful product and application method.
(2) To the maximum extent feasible, require that any pesticide used be used for a limited time.
(3) Prohibit the use of pesticides, except in any of the following circumstances:
(A) Where no alternative vegetation management method has been proven effective.
(B) In fire hazard severity zones, as classified or identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Section 4202 of the Public Resources Code, for purposes of preventing, combating, or mitigating the risk of wildfire.
(C) For the eradication of invasive plant species or habitat restoration, but only if the use of nonchemical methods for prevention and management, such as physical, mechanical, cultural, and biological controls, are infeasible.
(d) The Department of Transportation shall implement the statewide policy in cities and counties that have adopted integrated pest management approaches to roadside vegetation management.
(e) When operating in a city or a county that has adopted an integrated pest management policy that is more restrictive than the statewide policy, the Department of Transportation shall, to the extent feasible, operate in a manner consistent with the city’s or county’s integrated pest management policy if the city or county has submitted to the Department of Transportation, in writing, the integrated pest management policy that it adopted and that is more restrictive than the statewide policy.
13178.4.
 (a) The Department of Transportation shall, on or before December 31, 2026, and annually thereafter, make publicly available on its internet website the amount, location, and type of pesticides, and the pesticide formulation, by city and county, used by the Department of Transportation.
(b) The Department of Transportation shall, at least 24 hours before applying a pesticide, provide on its internet website and mobile application, and through any other means of communication deemed appropriate by the applicable state transportation district, information on when and where it plans to apply the pesticide.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.